Gordon Davis Security System Limited v Amos & 8 others (Appeal E007 of 2021) [2021] KEELRC 2417 (KLR) (29 July 2021) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2417
- Citation
- [2021] KEELRC 2417 (KLR)
- Decided
- 29 July 2021
Summary at a glance
The court grants leave to appeal out of time and grants a stay of execution pending the appeal, but the appeal is not considered arguable.
Facts
The applicant filed an application for leave to appeal a judgment delivered during the second wave of the COVID-19 pandemic, citing delays due to the pandemic and the advocate's inability to attend court.
Issues
- Whether the delay in filing the appeal was inadvertent
- Whether the court should grant leave to appeal out of time
- Whether the court should grant a stay of execution pending the appeal
Reasoning
The court finds the delay to be inadvertent and not inordinate, and grants leave to appeal out of time based on the decision in Feroz Begum Qureshi and Another v Maganbhai Patel and Others [1964] E.A. 633. The court also grants a stay of execution pending the appeal.
Outcome
Leave to appeal granted out of time and stay of execution granted
Orders
- Leave to appeal granted out of time
- Stay of execution granted pending appeal
- Applicant to deposit decretal sum in interest-earning account
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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